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Second Amendment & the Right to Keep and Bear Arms

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The Second Amendment protects the right of the people to keep and bear arms for defense of life and liberty.

In U.S. v. Cruikshank (1876), Presser v. Illinois (1886), Miller v. Texas (1894) and U.S. v. Miller (1939), the Supreme Court recognized that the amendment protects an individual right. It has never taken a different view. However, in Salina v. Blaksley (1905), the Kansas Supreme Court invented the idea that the amendment instead protected a “right” of a person to keep and bear arms only while serving in a state militia, and in U.S. v. Tot (1942), the U.S. Court of Appeals for the Third Circuit advanced the idea that the amendment protects the “right” of a state to have a militia.

In District of Columbia v. Heller (2008), the Supreme Court heard its first case specifically centered on whether the amendment protects an individual right to arms. Gun control supporters advanced essentially the "Salina" argument, but the Court, consistent with its previous rulings in Second Amendment-related cases, ruled that the amendment protects an individual right to keep arms and to bear arms "in case of confrontation," without regard to a person’s relationship to a militia.

In McDonald v. Chicago (2010), the court extended the Second Amendment's protection nationwide.

Issue Articles
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National Review  

Wednesday, April 18, 2018

Justice Stevens’s Second Amendment Pipe Dream

Former Supreme Court justice John Paul Stevens, now retired, gave gun-control advocates false hope recently when he advocated ...

Associated Press  

Wednesday, April 18, 2018

Massachusetts court strikes down ban on stun guns

Massachusetts’ highest court ruled Tuesday that the state’s ban on civilian possession of stun guns violates the U.S. ...

Newsmax  

Thursday, April 12, 2018

Gun Rights Should Be Defended by Progressives

Last week’s shooting at YouTube’s California headquarters is certain to add momentum to the push for more gun ...

Politico  

Monday, April 9, 2018

The Left’s Year of Magical Thinking

The most recent—and most harmful—came from John Paul Stevens, the retired Supreme Court Justice, who wrote an op-ed ...

Midland Reporter-Telegram  

Friday, April 6, 2018

Cruz: There are a lot of lawmakers in DC who want the 2nd Amendment repealed

“Now, here’s a dirty little secret: There are a whole lot of Democrats in Washington who agree with ...

Miami Herald  

Tuesday, April 3, 2018

Miami-Dade Democratic Executive Committee Member: Repeal the Second Amendment

"We are one of two countries that constitutionally have a right to bear arms, it’s prehistoric. Personally, it ...

Washington Times  

Tuesday, April 3, 2018

Joe Biden blasts gun-rights groups’ ‘prostitution’ of Second Amendment

Former Vice President Joe Biden joined the chorus of liberal criticism of the Second Amendment on Thursday saying ...

Washington Free Beacon  

Monday, April 2, 2018

Louisiana Democratic Party Chair Suggests Repealing the Second Amendment

The chairwoman of the Louisiana Democratic Party is the most high-profile Democratic official in the country to date ...

Baltimore Sun  

Monday, April 2, 2018

Justice Stevens is wrong about repealing the Second Amendment, but at least he's honest

Let me say it up front: I don't think we should repeal the Second Amendment. But I applaud ...

Florida Today  

Monday, April 2, 2018

Students walk out of class to support Second Amendment

A group of students from Rockledge High School in Brevard County briefly walked out of class Friday to ...

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.